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Home My WebLink About20161277.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CINDY OSTER, DANIEL OSTER, ELOIS OSTER, ERIC OSTER, JENNIE OSTER, PAUL OSTER AND SANDRA OSTER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Cindy Oster, Daniel Oster, Elois Oster, Eric Oster, Jennie Oster, Paul Oster, and Sandra Oster, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Cindy Oster, Daniel Oster, Elois Oster, Eric Oster, Jennie Oster, Paul Oster, and Sandra Oster, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. CG: ew(XJ/f) 5- l S-llo 2016-1277 EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - CINDY OSTER, DANIEL OSTER, ELOIS OSTER, ERIC OSTER, JENNIE OSTER, PAUL OSTER AND SANDRA OSTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS (,/ WELD COUNTY, COLORADO ATTEST: d iicho;e,e Mike Freeman, Chair Weld County Clerk to th Board Sean P. Conw-y, Pro-Tem BY: ,l,P Dep y Clerk to the Board ,t\ !El b ozad a I . . -O DAST M ED 1861 I Kirkmeyer ou y Attorney �� ' >�` s! — I ,� " • " ®U ,\ \% " - Moreno Date of signature: C/u/► Lo 2016-1277 EG0073 • 1861 MEMORANDUM \ TO: Clerk to the Board DATE: 4/1/2016 V�GOU �ITY 1 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road Right-of-Way,Permanent Easement, and Temporary Construction Easement with Cindy L. Oster, Daniel J. Oster, Elois Lynn Oster, Eric S. Oster, Jennie Elaine Oster, Paul M. Oster, and Sandra Jo Oster. • • M Wrancie\AGENDA memos\Agenda-Tiff-I.doc 2016-1277 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT,AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN CINDY L. OSTER,DANIEL J. OSTER,ELOIS LYNN OSTER, ERIC S. OSTER,JENNIE ELAINE OSTER,PAUL M. OSTER,AND SANDRA JO OSTER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this l day of , 2016, by and between CINDY L. OSTER,whose address is 1499 10th Street, Gree e , Colorado 80631, DANIEL J. OSTER, whose address is 2505 Coronado Bay, Evans, Colorado 80620, ELOIS LYNN OSTER, whose address is 22243 Weld County Road 53, Kersey, Colorado 80644, ERIC S. OSTER, whose address is 4851 Kit Carson Drive, Colorado Springs, Colorado 80902, JENNIE ELAINE OSTER, whose address is 3633 Voyager Lane, Fort Collins, Colorado 80528, PAUL M. OSTER, whose address is 17550 Weld County Road 49, LaSalle, Colorado 80645, and SANDRA JO OSTER, whose address is 124 50th Avenue, Greeley, Colorado 80634, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"B" (hereinafter referred to as ("Permanent Easement"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the"Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project,and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, • NOW,THEREFORE, the parties herein agree as follows: 4195730 Pages: 1 of 15 04/15/2016 11:05 AM R Fee:$0.00 �J// Carly Koppes, Clerk and Recorder, Weld County, CO 02-o/6" ■III rdrru vti:h:uffili'RNtr k tfivit,N a n York II•II I OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right-of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Two Thousand Six Hundred Fifty Three and 00/100 Dollars, ($2,653.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Permanent Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Eight Hundred Eighty Six and 00/100 Dollars, ($886.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner agrees to convey at closing a Temporary Construction Easement described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred Thirty One and 00/100 Dollars, ($531.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. The parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County, and that this Agreement shall serve 4195730 Pages: 2 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Paget of6 VIIIf� inyi.'h�Vtil� ailiinlmi:�lli+ aims r� .IIII as complete evidence of the terms contained herein as to the Owner's Grant of the Temporary Construction Easement. 10. Owner agrees to grant the Permanent Easement in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances, except existing easements. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County and the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall reimburse Owner Twenty Six Thousand Two Hundred Seventy Five and 00/100 Dollars ($26,275.00) for trees on the Property by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "C" to a level comparable to its original condition. 5. Prior to construction commencing on the Project and right-of-way described herein, the County shall construct a temporary fence along the outside boundary 4195730 Pages: 3 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111) I'1t'PArMMIAINIAlltiaik'MA 11111 Page 3of6 of the temporary construction easement. At the conclusion of construction, the County may install a new permanent right-of-way fence along the boundary of the new right-of-way being acquired hereunder. The owner shall be responsible for subsequent maintenance on the permanent right-of-way fence, after it has been installed. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, teens, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4195730 Pages: 4 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ii�4�1R w�ti�f dah��:A'� iiirifElaNtriAliki ■I 111 Page 4 of 6 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: CINDY L. OSTER, DANIEL J. OSTER, ELOIS LYNN OSTER, ERIC S. OSTER,JENNIE ELAINE OSTER,PAUL M. OSTER,AND SANDRA JO OSTER - By: e, for CIN Y L. STER, Owner By: DANIEL J. OSTER, Owner CAC) � \ C By: p p�(,l�izil ELOIS LYNN OSTER, Owner By: 'alit-4- c/ /� r- ERIC S. OSTER, Owner ,^,nn By: esr•fru-e_., �- a NNIE ELAINE OSTER, Owner By: � � - PAUL M. OSTER, Owner By: SANDRA JO OS R,Owner • • 4195730 Pages: 5 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 5 oF6 VIII�4�11L�hWr� hY�trhd'�1'�rli�l:�lhurE�wl�IrY�h a III ATTEST: date& BOARD OF COUNTY COMMISSIONERS Weld Co. ty Clerk to the Board WELD�� COUNTY, COLORADO BY: f+.- 43sb4�./., t �A` 0 V l / clirle_e,.---- Deputy CI'!k to the M�r ��' ike Freeman, Chair .p c 0 APR 1 3 2016 ft").°2i fie, .APPROVED AS TO FUN 11 �, iiiO PROVED AS TO S TRSTANCE: . De' Controller Elected Offic�Department Head APPROVED AS TO FORM: +4I Director of General Services County Attorney 4195730 Pages: 6 of 15 04/15/2016 11:05 RM R Fee:$0.00 CarlyplKoppes,pClerRkgan�u,dy,,RecordLer, Wee�ld CCoouAnty, CO W ` ,I��Rf'i1�� Nai �rY4 �YY�� +r Page 6 of 6 020/o — /0277 PHOTO EXHIBIT . 1 . �: 3 ___ . . . - • • .t . r NW CORNER DANIEL, ERIC, & ` i. 1 PAUL OSTER a S6-T3N-R64W 4 LOT A RE 1739 • - ... ' Ljyir I .� • HOUNDSKEEPER, LTD : , IIr ' • > N -. W 1 /4 CORNER • ' ii $6-T3N-R64W ` ti till:�. • I 1(' ` : t. .41. r CINDY L., Ire a *• • / r -•. DANIEL J• • , ;.; DUANE F•, ERIC•. '1'40. .. ,• pi •, s S., & J]�NNIE ‘ ELAINE OSTER • . SHELTON LAND :, LOT B RE 1739 & CATTLE, LTD 1 I ;; °i� . • . . Si-r3N-tt65w • f •� .',6. ' '5 S. $6-T3N-R64W . 41044 y -,.._,"°�'' , - / ! t , I ' j� 1, • . - - .. 0�°�! / • TEMPORARY EASEMENT * .. . 10 999s.f.± OR O... it .,' .253oc.± l c , , j I '� ADDITIONAL RIGHT—OF—WAY { r, •, •, 4, 16,502s.f•± OR 0.379ac.± tr- It- , ti T ,•,.. ' - s*. •, • 1_400.- J : Ne �' ' • ..*:-1,;;I: 1.- • .; . � , r. • r r,/f, -'�* 40` EXISTING RIGHT—OF—WAY I, ' p . . : . f _ 1~ �� -.. (BOOK' 1046, PAGE 26) f F , �`+'� 20' PERMANENT EASEMENT . .: 10,999s.f.f OR 0.253ac.± . -r: 1 - rte - - . !C(4.;4!1;... ' ' .4- 1:-'1'1c. e . .,,,14 .el. : 4 : ..,..„,,_._ . „‘ ., ..._ _. _ &PA:," . �►'i }'• • tom • ` .. �' 1. . �•.: y .-_f _ .�_ - _- . • . ` . ' ; l :� ' :ett: 6.r ' ` '. 't't STEVEN D. & _ „<4 '• ` ;.1'�= - ' - `' • ELIZABETH M. ::- •._ . 1. ,, ' CI' •,err. -e��/ ` ' ' `, r• I. 4.4 . •. •, - : ' SHARBONDA . �� ,f;. .,.w. -fn,,,i,fir fwv+.� ��• i r1 .. �,, a? , - �(� ''. i ' LO t A RE 2551 i a !!' .6 w 1, tTI: k. � SW CORNER .: • .` .� . . ..,. . - S6-T3N-R64W )iiii . ; .!,'... • I t 4 is WELD COUNTY DEPARTMENT PHOTO EXHIBIT *`i0 OF PUBLIC WORKS s2 \ 1 ►4 . NA/ 49 CORRIDOR PROJECT �� BETWEEN WCR(s) 36 & 38 CINDY OSTER KING SURVEYORS PROJECT NO: SRP-2G SCALE: I "=100' WCR 49 On F Garden Dncc i Windsu. Col irado$46f01 WELD COUNTY. COLORADO_ -:4.<}Kiig•JIM,Of5c ,ii, DATE. 5-13- 15 DRAWN BY: CDL SHEET. I of I 4195730 Pages : 7 of 15 04/ 15/2016 11 : 05 AM R Fee : $0 . 00 • liv ls !at';iN Kps , Clerk and Recorder ; Weld County , CO "c61 r 11,F11!,+,ci:".JIT'lI.' Pr9IXIIit Iiiiiiii 11111 EXHIBIT-A 52-CINDY OSTER—ROW PROPERTY DESCRIPTION A strip of land, 30.00 feet in width, being part of Lot B of Recorded Exemption No. 1215-06-2—RE-1739 (RE-1739), recorded August 23, 1995 as Reception No. 2452479 of the Records of Weld County, located in the West Half (W1/2) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of said SW1/4 as bearing South 00'20'30" East being a Grid Bearing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983/2007, a distance of 2640.18 feet with all other bearings contained herein relative thereto; THENCE North 00'20'48" West along the West line of the Northwest Quarter (NW1/4) of Section 6 a distance of 109.01 feet to the North line of Lot B of RE-1739; THENCE North 8819'57" East along the North line of said Lot B a distance of 40.01 feet to the East Right of Way line of Weld County Road 49 recorded June 7, 1939 in Book 1046 at Page 26 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 88'19'57" East along the North line of Lot B of RE-1739 a distance of 30.01 feet to a line parallel with and 70.00 feet Easterly of, as measured at o right angle to the West line of the NW1/4 of Section 6; THENCE South 0020'48" East along said parallel line a distance of 110.63 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of Section 6; THENCE South 00'20'30" East along said parallel line a distance of 439.39 feet to the South line of Lot B of RE-1739; THENCE South 88'04'59" West along the South line of said Lot B a distance of 30.01 feet to the East Right of Way of County Road 49; THENCE North 0020'30" West along said East Right of Way line a distance of 440.21 feet; THENCE North 00'20'48" West continuing along the East Right of Way of County Road 49 a distance of 109.93 feet to the POINT OF BEGINNING. Said described parcel of land contains 16,502 Square Feet or 0.379 Acres, mare or less. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of Lot B of RE-1739. Said described parcel of land contains 22,009 Square Feet or 0.505Acres, more or less. DO tan 'l i pOP\- •11 v S alt / 4195730 Pages: 8 of 15 D . 3820 ; a; l 04/15/2016 11:05 AM R Fee:$0.00 � -5/4 131-441:1 . % Carly Koppes, Clerk and Recorder, Weld County, CO 0` ° '. '5�' !J,% X111 �1N' N�i�4X Vi:NONA Ili 11111 oases=.r Paul B. Groves — On Behalf 0 'mg Surveyors Colorado Registered Professional Land Surveyor #38209 RIGHT OF WAY I �A.; WELD COUNTY DEPARTMENT ACQUISITION �t�'�1✓ OF PUBLIC WORKS Cw4 t��S� ) WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 CINDY OSTER WCR J9 KING SUR\'GIURS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO „in.n.:rn,u nw.Sol 1 unam rim " DATE. 5-13.15 DRAWN BY: CDL SHEET: I oft EXHIBIT-A NW CORNER ' Sec. 6, T.3N., R.64W. Noilr`.F FOUND #6 REBAR WITH According to Colorado law you 2.5" ALUMINUM CAP . must commence any legal STAMPED ILLEGIBLE action based upon any defect IN MONUMENT BOX In this survey within three years after you first discover DANIEL, such defeat no event may &PAUL OSTER any action based upon any I ERIC, defect In this survey be 1 L2 ' L3 LOT A RE 1739 commenced more than tan N00'20'48"W years from the dote of the I .) certification shown hereon. 2640.29' POINT OF (13—So-105 C.RS. 2012) m . d" BEGINNING HOUNDSKEEPER,LTD I -' -!I -' W 1/4 CORNER i1 CL ELECTRIC EASEMENT NOM This ewrott drawing s Sec. 6, T.3N., R.64W. <' 41' OFF SECAON LINE not Intended to be a FOUND #6 REBAR WITH I (NO MOTH PR01/IDED) monumentalized land survey. 2.5" ALUMINUM CAP— I a . BOOK 1286 PACE 151 It's sole purpose is as a STAMPED LS 12374, 1995 1 w' RECORDED 11-08-1950 graphic representation to old In the visualization of the written IN MONUMENT BOX ' property description wdn it POINT OF COMMENCEMENT • accompproperty description supersedes i the exhibit drawing- ' I I ``�' CINDY L., DANIEL J., 6 DUANE F.,ERIC S.,& SHELTON LAND j JENNIE ELAINE OSTER &CATTLE,LTD I I - , b PARC.#121506000017 • SI-T3N-R65W I & 1-- RECP.#3525155 &4004205 6 1yam• LOT RE 1739 I 3` ' w ,,M n $6-T3N-R64W 0ig 0 LINE TABLE N o` o , ai ADDITIONAL RIGHT-OF-WAY LINE BEARING LENGTH o 16,5G2s.t.t OR 0.379ac.t a? L1 N00'20'48"W 109.01' N aar -` 40' EXISTING RIGHT-OF-WAY 12 N88'19'57"E 40.01' Id m (BOOK 1046, PAGE 26) ao L3 148819'57"E 30.01' M1 to N N N L4 50020'48"E 110.62' o m I to L5 568'04'59"W 30.01' L6 N00'20'48"W 109.93' I I L5 STEVEN D.&ELIZABETH M.SHARBONDA LOT RE 1551 SW CORNER Sec. 6, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 23520, 2001 IN MONUMENT BOX RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION R OF PUBLIC WORKS w-"N WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&33 . CINDY OSTER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=100' viii (.'rvnle"Ume \rindecr.Cii ntlu gn5in WELD COUNTY,COLORADO d.-...,,,,,, „ , , -i!;":13,,,,1.,,,,r,,,,' DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4195730 Pages: 9 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III'FiritillliNialilisitiffil lip Nand i+14i1rh 11111 EXHIBIT-B 52—CINDY OSTER—PF PROPERTY DESCRIPTION A strip of land, 20.00 feet in width for easement purposes, being port of Lot B of Recorded Exemption No. 1215-06-2—RE-1739 (RE-1739), recorded August 23, 1995 as Reception No. 2452479 of the Records of Weld County, located in the West Half (W1/2) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the SW1/4 of Section 6 as bearing South 00'20'30" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.18 feet with all other bearings contained herein relative thereto; THENCE North 0020'48" West along the West line of the Northwest Quarter (NY/1/4) of Section 6 a distance of 109.01 feet to the North line of Lot B of RE-1739; THENCE North 8819'57" East along the North line of said Lot B a distance of 70.02 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6 and to the POINT OF BEGINNING; THENCE North 8819'57" East along the North line of Lot B of RE-1739 a distance of 20.01 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the said NW1/4; THENCE South 0020'48" East along said parallel line a distance of 111.08 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of Section 6; THENCE South 0020'30" East along said parallel line a distance of 438.85 feet to the South line of Lot B of RE-1739; THENCE South 88'04'59" West along the South line of said Lot B a distance of 20.01feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the SWI/4 of Section 6; THENCE North 00'20'30" West along said parallel line a distance of 439.40 to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the NWt/4 of Section 6; THENCE North 0020'48" West along said parallel line a distance of 110.62 feet to the POINT OF BEGINNING. Said described parcel of land contains 10,999 Square Feet or 0.253Acres, more or less. \\ s o'?' 00 Lice�1111 Jf/�i 0 • °' 6C • Q lII / /'� °a` ' (Pt c , —r (VhVhJ r ip ? 38 9 a4 p°,e 4-1.. .f 4195730 Pages: 10 of 15 I 's •s'/`f � J Y 04/15/2016 11:05 AM R Fee:$0.00 ll its 5.• /• •••• 4"if Carly Koppes, Clerk and Recorder, Weld County, CO 'lt`/o:::::"oy_ ' ID!MC IZre inick � iNft�L�Ihiciriaiyi III!! Paul B. Groves — On Behalf Of King Surveyors Colorado Registered Professional Land Surveyor #38209 • PERMANENT EASEMENT ; WELD COUNTY DEPARTMENT .A ACQUISITION j4 '��r OF PUBLIC WORKS PE-52 \��'► WCR 49 CORRIDOR PROJECT \\ ' BETWEEN WCR(s)36&38 CINDY OSTER WCR 49 KING SCItvF.YOR5 PROJECT NO: SRP-26 SCALE: WA M I l'. (:. I ,Dmv \Cunlr.r.c"hnA,i 5u:iu — WELD COUNIY.COLORADO pN"'''I""'"nn I .r,NL,,,;,, K"Tsri„,v,,,,r„, DATE: 5-IS-IS DRAWN BY: CDI. SHEET I oft L , EXHIBIT-B NW CORNER Sec. 6, T.3N., R.64W. moiler FOUND #6 REBAR WITH •According to Colorado law you 2.5" ALUMINUM CAP must commence any legal STAMPED ILLEGIBLE action based upon any defect IN MONUMENT BOX In this survey within three years after you first discover such defect. In no event may DANIEL,ERIC,&PAUL OSTER any action based upon any defect in this survey be i I L2 L3 LOT A RE 1739 commenced more than ten 1 years from the date of the N00'20'48"W 2640.29' certification shown hereon. (13-80-1o5 C.R.S. 2012) - POINT OF HOUNDSKEEPER,LTD i I I w BEGINNING W 1/4 CORNER • I : CL ELECTRIC EASEMENT NOTE This exhibit drawing Is Sec. 6, T.3N., R.64W. � I 41' OFF SECTION LINE ' not Intended to be a FOUND #6 REBAR WITH (NO WIDTH PROI4DED) monumentolixed land survey. 2.5" ALUMINUM CAP— BOOK 1286 PAGE 151 It's sole purpose is as o STAMPED LS 12374, 1995 i RECORDED 11-08-1950 graphic representation to aid In the visualisation of the written IN MONUMENT BOX I property description which It POINT OF COMMENCEMENT accompanies. The written i property description supersedes I ( in the exhibit drawing. IN?I "ro CINDY L., DANIEL J., vi- 05 q DUANE F.,ERIC S., & SHELTON LAND I I • w JENNIE ELAINE OSIER &CATTLE,LTD i 3 b PARC.#121506000017 51-T3N-R65V! I z I M N RECP.#3525155 & 400420 N a N oo LOT B RE 1739 w i 0 Cl) ! ei_mI tl z of O I 56-T3N-R64W , bra • I LINE TABLE N< - O m I I UNE BEARING LENGTH z- Lt NO0'20'48"W 109.01' i I L2 N88'19'57"E 70.02' I I_— 40' EXISTING RIGHT—OF—WAY (BOOK 1046, PAGE 26) L3 N88'19'57"E 20.01' : L4 500'20'48"E 111.08' i 20' PERMANENT EASEMENT i I 10,999s.f.± OR 0.253ac. L5 588'04'59"W 20.01' L6 NO0'20'48"W 110.62' 1 I I L5 STEVEN D.&ELIZABETH M.SHARBONDA Ii LOT A RE 2551 SW CORNER Sec. 6, T.3N., R.64W. FOUND #6 REBAR WITH . 3.25" ALUMINUM CAP STAMPED LS 23520, 2001 IN MONUMENT BOX PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION OF PUBLIC WORKS PE-52 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 CINDY OSTER WCR 49 KING SURVEYORS PROJECT NO- SRP-26 SCALE: 1"=100' WELD COUNTY.COLORADO ”1...c'97,,626-.01 1 ,a.,.,r,?K,,5,"'„'..c , DATE ?- 13-1i DRAWN BY: CDL SHEET. ?of 2I 4195730 Pages: 11 of 15 04/15/2015 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII mrjrnarycilitumFqfi WWII F,rilid II III EXHIBIT-C 52—CINDY OSTER—TCE PROPERTY DESCRIPTION A strip of land, 20.00 feet in width for easement purposes, being part of Lot B of Recorded Exemption No. 1215-06-2—RE-1739 (RE-1739), recorded August 23, 1995 as Reception No. 2452479 of the Records of Weld County, located in the West Half (W1/2) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of the SW1/4 of Section 6 as bearing South 00'20'30" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.18 feet with all other bearings contained herein relative thereto; THENCE North 00'20'48" West along the West line of the Northwest Quarter (NV/1/4) of Section 6 a • distance of 109.01 feet to the North line of Lot B of RE-1739; • THENCE North 88'19'57" East along the North line of said Lot B a distance of 70.02 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6 and to the POINT OF BEGINNING; THENCE North 8899'57" East along the North line of Lot B of RE-1739 a distance of 20.01 feet to a line parallel with and 90.00 feet Easterly of, as measured at a right angle to the West line of the said NWT/4; THENCE South 00'20'48" East along said parallel line a distance of 111.08 feet to a line parallel with and • 90.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of Section 6; THENCE South 00'20'30" East along said parallel line a distance of 438.85 feet to the South line of Lot B of RE-1739; THENCE South 88'04'59" West along the South line of said Lot B a distance of 20.01feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of Section 6; THENCE North 00'20'30" West along said parallel line a distance of 439.40 to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the NV/1/4 of Section 6; THENCE North 00'20'48" West along said parallel line a distance of 110.62 feet to the POINT OF BEGINNING. Said described parcel of land contains 10,999 Square Feet or 0.253Acres, more or less. .%' OcF'00 ;CF,y TTl UOSee O' i sl s 38209 o' r 4195730 Pages: 12 of 15 /fl tree 4 l ;kJ 04/15/2016 11:05 AM R Fee:$0.00 TT_S eee, "NS"' ' Q ' Carlyp�Koppes, Clerk and Recorder, Weld County, CO TTh°4gleLANO yJrrt�1�'tRPG�i hfC+Ghu!L! ' 1I' ' Il 111 Paul B. Groves — On Behalf Of King Surveyors Colorado Registered Professional Land Surveyor #38209 TEMPORARY EASEMENT .A ,_ WELD COUNTY DEPARTMENT ACQUISITION I4 r# OF PUBLIC WORKS TFi-sz ■_�, WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 CINDY OSTER WCR 49 KING Summints PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO ne (07Card., I rointd.,,,.C„h.zado ans5n' ph.r.w pro;ew Aa.IIl _,,,,d:mr., K.,r&nt,.,t,c:m DATE: 5-13-15 DRAWN BY: CDL SHEET: I o12 EXHIBIT-C NW CORNER Sec. 6, T.3N., R.64W. N2IlCE FOUND #6 REBAR WITH • According to Colorado law you 2.5" ALUMINUM CAP must commence any legal STAMPED ILLEGIBLE action based upon any defect IN MONUMENT BOX N this survey within three years after you first discover such defect. In no event may I I I DANIEL,ERIC,&PAUL OSTER any action based upon any defect Ti, this survey be ( 1 LOT A RE 1739 commenced more than ten L2 S L3 years from the date of the NOO 20'48"W 2640.29' I certification shown hereon. I I • I , (13-80-105 C.R.S. 2012) POINT OF HOUNDSKEEPER,LTD I I I i m = ' + BEGINNING W 1/4 CORNER i ! I . 1 J CL ELECTRIC EASEMENT NOTE This exhibit drawing is Sec. 6, T.3N., R.64W. I I I �- - 41' OFF SECTION LINE not Intended to be a FOUND #6 REBAR WITH I I 5mj (NO WIDTH PROVIDED) monumentanzed land survey. 2.5" ALUMINUM CAP BOOK 1286 PAGE 151 les sole purpose Is as a STAMPED LS 12374, 1995 ! i RECORDED 11-08-1950 graphlc representation to aid In tie visuallzotion of the written IN MONUMENT BOX I ! ' property description which It POINT OF COMMENCEMENT accompanies. The written I ! I s 4 • property description supersedes I N the exhibit droning. - I i 14"d'I i b ao CINDY L., DANIEL J., II I 6 DUANE F.,ERIC S., & (' �= JENNIE ELAINE OSTER SHELTON LAND I ! I en K4 &CATTLE,LTD i! I 1 3'-‘.4 to PARC.#121506000017 .T13 I SI-T3N-R65W '— I o 2 i n b RECP.#3525155 &400420 tOOr sogi' o LOTS RE 1739 NQ • 1`i 0 WI O ES: N LL I z M O $6-T3N-R64W Oy 3 LINE TABLE o¢ - zml r LINE BEARING LENGTH L1 NOO'2O'48"W 109.01' I 1 L2 N88'19'57"E 70.02' I I 4O' EXISTING RIGHT-OF-WAY • �- (BOOK 1O46, PAGE 26) L3 N8819'57"E 20.01' L4 SOO2O'48"E 111.08' i 11I ' 2O' TEMPORARY EASEMENT I I 1O,999s.f.± OR O.253ac. L5 S88'O4'59"W 20.01' kg L6 NOO'2O'48"W 110.62' H IK I I L5 STEVEN D.&ELIZABETH M.SHARBONDA LOT A RE 2551 SW CORNER Sec. 6, T.3N., R.64W. _It FOUND #6 REBAR WITH 3.25" ALUMINUM CAP STAMPED LS 2352O, 2OO1 IN MONUMENT BOX TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4ai ea+ OF PUBLIC WORKS Te-sz �\II ►4. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 CINDY OSTER WCR 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=100' WELD COUNTY,COLORADO 650E.Carden Mitt scaa Windsor,Colorado 80550 / pbooe:(970686-5011_Lencitin(n‘ "¢urveyorLcom DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4195730 Pages: 13 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III NIC11LlItWih 1eAM1S.V,lFK it'irIMOYlh 11111 EXHIBIT D RECORDING INFORMATION ABOVE R/W#52 GRANT OF EASEMENT Cindy L.Oster whose address is 1499 10th Street,Greeley,Colorado 80631,Daniel J.Oster whose address is 2505 Coronado Bay, Evans, Colorado 80620, Elois Lynn Oster, whose address is 22243 Weld County Road 53, Kersey, Colorado 80644, Eric S. Oster, whose address is 4851 Kit Carson Drive, Colorado Springs,Colorado 80902,Jennie Elaine Oster,whose address is 3633 Voyager Lane,Fort Collins,Colorado 80528, Paul M. Oster whose address is 17550 Weld County Road 49, LaSalle, Colorado 80645, Sandra Jo Oster,whose address is 124 50th Avenue,Greeley,Colorado 80634,GRANTOR(whether one or more), in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton,Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on,over,under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit"A"attached hereto and incorporated herein by reference. Those facilities may be overhead,underground and/or at grade and may include,but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to,the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facilities or the construction, operation, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of; any buildings or permanent structures or facilities of any kind on,over, under, or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. W/O # Map No.: Part of Section 6,Township 3N, Range 64W, 6th P.M., County of Weld, State of Colorado 4195730 Pages: 14 of 15 04/15/2016 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO SiiihUr1l�'1.4G & rj N Fti14wi4RrYL�I�r1�1�Y4 II Ill Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees,contractors and permitees. Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation,promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this day of ,20_ GRANTOR: By: By: CINDY L. OSTER,Owner ERIC S. OSTER, Owner By: By: DANIEL J. OSTER,Owner JENNIE ELAINE OSTER, Owner By: By: ELOIS LYNN OSTER, Owner PAUL M. OSTER, Owner By: SANDRA JO OSTER,Owner STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF ) I, ,a Notary Public for said County and State,do hereby certify that Cindy L. Oster, Daniel J. Oster, Elois Lynn Oster, Eric S. Oster, Jennie Elaine Oster, Paul M. Oster, and Sandra Jo Oster personally came before me this day and acknowledged that they executed the foregoing Grant of Easement as their own act and deed. WITNESS my hand and official Notarial Seal, this_day of , 20_. Notary Public My Commission Expires: W/O # Map No.: Part of Section 6, Township 3N, Range 64W, 6th P.M., County of Weld, State of Colorado 4195730 Pages: 15 of 15 04/15/2015 11:05 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��Nicirl3EirM INVirl IIfMPV.P.MlkhirrVt 1I II1 1861 MEMORANDUM ,r TO: Clerk to the Board DATE: 4/19/2016 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-1277 Warranty Deed with Cindy L. Oster, Sandra Jo Oster,Elois Lynn Oster,Jennie Elaine Oster,Daniel J. Oster, Eric S. Oster, and Paul M. Oster for the WCR 49 Improvements Project. M\Francie\AGENDA memos\Agenda-WarrantyDeed.doc WARRANTY DEED THIS DEED made this / L( day of i2, r_ , 20/1, between CINDY L. OSTER, whose address is 124 50th Avenue, reeley, CO 80634, as to one-fifth interest, SANDRA JO OSTER, whose address is 124 50th Avenue, Greeley, CO 80634, as to one- fifth interest, ELOIS LYNN OSTER, whose address is 22243 Weld County Road 53, Kersey, CO 80644, as to one-fifth interest, JENNIE ELAINE OSTER, whose address is 3633 Voyager Lane, Fort Collins, CO 80528, as to one-fifth interest, DANIEL J. OSTER, 2505 Coronado Bay, Evans, CO 80620, as to one-fifteenth interest, ERIC S. OSTER, 840 Quail Lake Circle, Colorado Springs, CO 80906, as to one-fifteenth interest, PAUL M. OSTER, 17550 Weld County Road 49, LaSalle, CO 80645, as to one-fifteenth interest, collectively hereinafter referred to as "Grantor," and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT"A". Also known as: 17474 Weld County Road 49, LaSalle, CO 80645 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the Grantor,either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantees,their heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of 4198734 Pages: 1 of 10 04/27/2016 11:00 AM R Fee:$0.00$0.00 D Fee:$0.00 $0.00 _/02.7i Carly Koppes, Clerk and Recorder, Weld County, CO // VIII locirh'ir airmen 4�1�h'�rlr make ilti�h "I III Co whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights-of-way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNERS: CINDY L. OSTER, SANDRA JO OSTER, ELOIS LYNN OSTER, JENNIE ELAINE OSTER, ERIC S. OSTER, DANIEL J. OSTER, and PAUL M. OSTER By: _A...O ,��,; CINDY L. OSTER, Owner State of Colorado ) )ss. County of (1_ ) The foregoing instrument was acknowledged before me this day of p.1.),',() 20 i 4,, by CINDY L. OSTER, Owner. JAMES L FLESHER C NE Witness my hand and official seal. STATE OF COLORADO NOTARY ID 201 �ggpp�� MY COMMISSION EXPIRES��I 900 7,2019 otary Public My commission expires: / 0/7 /6 4198734 Pages: 2 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes,L Clerk and Recorder, Weld County, LCO I I'L ■III��!II'III,I!L�C#I�' k/1��wa I I .viiI111 ,III By: ENNIE ELAINE OSTER, Owner State o Colorado ) )ss. County of LA l MEP) The foregoing instrument was acknowledged before me this /- day of ArRIL 20 (r„, by JENNIE ELAINE OSTER, Owner. JAMES R.FLESHER NOTSTATE OF COLORADOCORY OLLO DO Witness my hand and official seal. MY COMMISSION EXPIRES OCTOBER 7,2019 � �� otary Public My commission expires: 4198734 Pages: 3 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III By: SANDRA JO TER, Owner State of Colorado ) )ss. County of L- a-- ) The foregoing instrument was acknowledged before me this // day of , 201 6 , by SANDRA JO OSTER, Owner. JAMES R.FLESHER STATENOTARY O Witness my hand and official seal. COMMISSION EXPIRES 20154039602 7,2019 [MY otary Public My commission expires: / 0 A//q 4198734 Pages: 4 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co BIM M By: ELOIS LYNN STER, Owner State of Colorado ) )ss. County of GAEL ) The foregoing instrument was acknowledged before me this I l day of / , 20/6 , by ELOIS LYNN OSTER, Owner. JAMES R.FLESHER NOTARY STA COLORADO Witness my hand and official seal. NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: i 0/1 4198734 Pages: 5 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII MI 1 WIWI'iiiMl 'hAw' 11111 By: ,) -DANIEL J. OSTER, Owner G�7 By: PAUL M. OSTER, Owner State of Colorado ) )ss. County of Weld) The foregoing instrument was acknowledged before me this 8th day of April, 2016, by DANIEL J. OSTER and PAUL M. OSTER, Owners. JAMES R.FLESHER NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 > 1 otary Public My commission expires: October 7, 2019 4198734 Pages: 6 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I'W��L VIII�'�AU UPC I■��I. A ��III��11 111 If X111 11111 By: et/Co-1, --- ERIC S. OSTER, Owner State of Colorado ) )ss, County of,t7 - Q) Thforegoing instrument was acknowledged before me this // day of �f , 20 le,by ERIC S. OSTER, Owner. DUSTIN B MELOCHE NOTARY PUBLIC STATE OF COLORADO Witness my hand and official seal. NOTARY ID 20154035191 MY COMMISSION EXPIRES SEPTEMBER 4,2019 Thine My commission expires: S, .OYa0i,' 4198734 Pages: 7 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly .■IKop�pes,L�Clerk and Recorder, Weld County, CO I I 1111 IIII��III�I�� I�I�,�Iil■I��I�I�� III■111■�1 'I III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this i./' day of , 2016.•ATTEST: �� jevi"'� COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS O STATE OF COLORADO THE COUNTY OF WELD �4 IS 1L\�` 361 , 4O BY: ih. BY:_____MA:ac.. De. ty Clerk to the Boa �} Mike Freeman, Chair APR 2 5 Nag�,��1r� BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me th•is o 5r day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF T COUNTY OF WELD. Witness my hand and official seal. Notary Publi d CHERYL LYNN HOFFMAN My commission expires: //G//02Da0 . NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4198734 Pages: 8 of 10 04/27/2016 11:00 AM R Fee: 020/6 D// /� Carly Konnes, Clerk and Recorder$,,0Wed D Count 1600 (O VIII 1��1LM ilifhi'fr�'h'J�k;n k1��0101 Ed lifiii Ii III EXHIBIT-A 52-CINDY OSTER—ROW PROPERTY DESCRIPTION A strip of land, 30.00 feet in width, being part of Lot B of Recorded Exemption No. 1215-06-2—RE-1739 (RE-1739), recorded August 23, 1995 as Reception No. 2452479 of the Records of Weld County, located in the West Half (W1/2) of Section Six (6), Township Three North (T.3N.), Range Sixty—Four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter corner of said Section 6 and assuming the West line of said SW1/4 as bearing South 00'20'30' East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2640.18 feet with all other bearings contained herein relative thereto; THENCE North 00'20'48" West along the West line of the Northwest Quarter (NW1/4) of Section 6 a distance of 109.01 feet to the North line of Lot B of RE-1739; THENCE North 88'19'57" East along the North line of said Lot B a distance of 40.01 feet to the East Right of Way line of Weld County Road 49 recorded June 7, 1939 in Book 1046 at Poge 26 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 88'19'57" East along the North line of Lot B of RE--1739 a distance of 30.01 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the NW1/4 of Section 6; THENCE South 00'20'48" East along said parallel line a distance of 110.63 feet to o line parallel with and 70.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of Section 6; THENCE South 00'20'30" East along said parallel line a distance of 439.39 feet to the South line of Lot B of RE-1739; THENCE South 88'04'59" West along the South line of said Lot B a distance of 30.01 feet to the East Right of Way of County Road 49; THENCE North 00'20'30" West along said East Right of Way line a distance of 440.21 feet; THENCE North 00'20'48' West continuing along the East Right of Way of County Road 49 a distance of 109.93 feet to the POINT OF BEGINNING. Said described parcel of land contains 16,502 Square Feet or 0.379 Acres, more or less. TOGETHER WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of Lot B of RE-1739. Said described parcel of land contains 22,009 Square Feet or 0.505Acres, more or less. GOz`�ti "GA?••�.`: to ',�,r ¢�� `" �t-% 0 tai .l 4198734 Pages: 9 of 10 38209 : j Carly K2016 11:00 AM R Fee.$0.00$0.00 D Fee:$0.00 $0.00 ,- O Carly Koppes, Clerk and Recorder, Weld Count co ■III IM1�.rPl'h�rM��f�+y. +'�Y�� County, IN �4`1L LAI40 Paul B. Groves — On Behalf 0 'ing Surveyors Colorado Registered Professional Land Surveyor #38209 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION r--� OI PUBLIC WORKS Rw-sz WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)36&38 CINDY OSTER hI\G S, io."F)01t:- PROJECT HO SRP-26 SCALE Ni l WCR 49 i\I:LH C0(N"i\.( 01.0RADi) � � 1 „ DAi;=_ ;.13,.I) OR;-VPlt', 3Y ( I I 3H;=_, I to EXHIBIT-A NW CORNER Sec. 6, T.3N., R.64W. li NOTICE FOUND #6 REBAR WITH 2.5" ALUMINUM CAP According to Colorado law you must commence any legal STAMPED ILLEGIBLE action based upon any defect IN MONUMENT BOX In this survey within three years after you first discover such defect. In no event may I DANIEL, ERIC, & PAUL OSTER any action based upon any defect In this survey be L2 I L3 I_OT A RE 1739 commenced more than ten N00'20'48"W_ ----- I years from the date of the 2640.29' certification shown hereon. POINT OF (13-80-105 C.R.S. 2012) ~BEGINNING _ HOUNDSKEEPER, LTD 1 -' -`1 W 1/4 CORNER I� CL ELECTRIC EASEMENT NOTE: This exhibit drawing is Sec. 6, T.3N., R.64W. 41' OFF SECTION LINE not Intended to be a FOUND #6 REBAR WITH (NO WIDTH PROVIDED) monumentolized land survey. 2.5" ALUMINUM CAP— • • i BOOK 1286 PAGE 151 It's sole purpose Is as a STAMPED LS 12374, 1995 I RECORDED 11-08-1950 graphic representation to aid in the visualization of the written IN MONUMENT BOX property description which it POINT OF COMMENCEMENT accompanies. The written property description supersedes I ON the exhibit drawing. i CINDY L., DANIEL J., D DUANE F., ERIC S., & SHELTON LAND JENNIE ELAINE OSTER &CATTLE, LTD o PARC.#121506000017 S1-T3N-R65W (l `t RECP.#3525155 & 4004205 O O) NI- LOT B RE 1739 . w o M 56-T3N-R64W b 0 LINE TABLE NI N. z ADDITIONAL RIGHT-OF-WAY LINE BEARING LENGTH o z /-16,502s.f.± OR 0.379ac.±l.co E L1 N00'20'48"W 109.01' N m 1 ,/ 40' EXISTING RIGHT-OF-WAY L2 N88'19'57"E 40.01' W (BOOK 1046, PAGE 26) op L3 N88'19'57"E 30.01' `� ou) N (nn L4 S00'20'48"E 110.62' o m I to(S:L5 S88'04'59"W 30.01' L6 NO0'20'48"W 109.93' I ! L5 STEVEN D.&ELIZABE I II M.SHARBONDA LOT RE 7c5 SW CORNER Sec. 6, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP)3iii STAMPED LS 23520, 2001 IN MONUMENT BOX RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT AC QUISITIONia ...0 OF PUBLIC WORKS Rw-52 \\ �4. MICR 19 CORRIDOR PROJECT CINDY OSTER BETWEEN WCR(s)36&38 1V'CR 19 Kt\G Si RA nit9 PROJECT NO SRi'-1_6 SCG.LE i"=100' \I 1:I,D C Ol ti'I V.COLORADO '' .,,„i . '. D eTE 1'L s. 1x,:01,! c2.'. CD' SHEE 1- 2 of, 4198734 Pages: 10 of 10 04/27/2016 11:00 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO RiI i icil1thallIllACII' IOI.«'rKM17MPilk BIM Hello